WASHINGTON, D.C. -- Congressmen Jim Gerlach (R-PA) and Mike Thompson (D-CA) announced today that 300 representatives have co-sponsored their bill to conserve America’s forests, agricultural lands and open spaces – more than any other tax bill. H.R. 1964 makes permanent a recently-expired tax incentive that allows modest-income landowners to receive significant tax deductions for donating conservation easements that permanently protect important natural or historic resources on their lands.

“We are thrilled that majorities of Republicans and Democrats can agree on supporting the work of local land trusts that is so important to their communities,” said Land Trust Alliance President Rand Wentworth. “We thank U.S. Representatives Jim Gerlach and Mike Thompson for championing this cause, and look forward to working with all 300 co-sponsors to get the job done.”

"This legislation has generated tremendous bipartisan support because the conservation easement tax incentive works," said Rep. Jim Gerlach (PA-6). "The tax incentive gives family farmers, ranchers and other property owners more choices and creates opportunities for partnerships between non-profit organizations, federal, state and local officials. With the support of nearly three-quarters of the House, I am hopeful that conservation easements will remain an option for all property owners."

“The enhanced conservation easement incentive is a success – last year we reached a total of 47 million acres of land saved from development, a 27% jump from 2005. But it’s not just about the numbers, it’s about helping folks plan, conserve land and protect wildlife so our kids and grandkids can enjoy these natural treasures,” said Rep. Mike Thompson (CA-1). “300 co-authors from both the Republican and Democratic sides of the aisle is a nearly unmatched statement of support. Now it’s time to pass this bill and make this conservation incentive permanent.”

Landowners can retire the development rights on their land by donating a conservation easement to a land trust in their community – keeping agricultural land in productive use, protecting important fish and wildlife habitat, and conserving our scenic and historic heritage. Since the incentive expired at the end of 2011, landowners with modest incomes now receive little tax benefit from restricting what may be their family’s most valuable asset. By allowing donors to deduct a larger portion of their income over a longer period of time, H.R. 1964 will help thousands of family farmers, ranchers, and forest owners afford to conserve their land.

About The Land Trust Alliance

The Land Trust Alliance is a national conservation organization that leads a national network of 1,700 land trusts – local, nonprofit organizations working to protect clean water, local food, and places to play in their communities. We increase the pace of conservation, so more land and natural resources get protected. We enhance the quality of conservation, so the most important lands get protected using best practices. And we ensure the permanence of conservation by creating the laws and resources needed to defend protected land over time.

Menendez honored for land conservation efforts

Nework, NJ – U.S. Senator Robert Menendez (D-NJ) was honored by conservationists yesterday for his help in securing a two-year extension of a federal income tax incentive for preserving land. Alison Mitchell, policy director for New Jersey Conservation Foundation, presented Menendez with an award on behalf of New Jersey Conservation Foundation and America’s land trust and conservation community.

“Senator Menendez continues to be a staunch advocate for land preservation and environmental protection,” said Mitchell, who visited the senator’s office in Newark. “His assistance was critical in extending the conservation easement tax incentive in the 2008 Farm Bill, an important measure that helps New Jersey’s and America’s land trusts increase the pace of land conservation. The easement incentive is particularly important now in New Jersey, given that state preservation funding has not been renewed.”

“Protecting clean water and air, preserving recreational open spaces, and combating urban sprawl are important to ensuring a better quality of life for our communities, families, and children,” said Menendez. "The federal conservation easement tax incentive is a valuable tool in our fight to save open space."

A conservation easement is a legally enforceable agreement that preserves privately held open space to protect a variety of natural resources, including wildlife habitat, water, farmland and scenic viewsheds.

Conservation easements can be donated to qualified non-profit land trusts and government agencies that agree to monitor the land to ensure that the easement is not violated. Easement donors continue to own their land and control access to it; some conservation easements provide limited public access.

Landowners can receive a federal tax break for donating conservation easements or selling easements at a “bargain sale” (less than market value) price. Landowners receive a tax deduction for making what can amount to a substantial charitable gift, in addition to the knowledge that they are protecting lands that have significant benefits to their community.

The extended tax incentive raises the maximum deduction a donor can take for donating a conservation easement from 30 percent of their adjusted gross income (AGI) in any year to 50 percent; allows qualified farmers and ranchers to deduct up to 100 percent of their AGI; and increases the number of years over which a donor can take deductions from 6 to 16 years.

Many important properties in New Jersey have been donated or sold at prices significantly below their market value by landowners who value the preservation of our state’s natural heritage.

"Throughout my tenure in Congress," Senator Menendez added, "I have strongly supported programs that would protect our open spaces and trails, such as the Land and Water Conservation Fund and the National Park Service's Rivers, Trails and Conservation Assistance Program, which help to ensure that all of our outdoor spaces are adequately protected for years to come.”

The national Land Trust Alliance has worked with local land trusts across the country to help secure and build awareness of the conservation tax incentive among landowners, attorneys and tax advisors. For more information on how to donate a conservation easement, contact New Jersey Conservation Foundation at 908-234-1225.

###PHOTO CAPTION: Senator Robert Menendez receives award from Alison Mitchell, left, and Amy Hansen of the New Jersey Conservation Foundation

More than 50 people attended the luncheon to honor Saxton, who is retiring from the House of Representatives after 24 years representing New Jersey’s Third District. To thank Saxton for his work, the environmental groups presented him with a plaque and a framed photograph by New Jersey nature photographer Dwight Hiscano. A conference room at the Cousteau Center was also named in his honor.

“Today is a topper,” said Saxton after accepting the awards. “It’s been one of the highlights of my life, to be here with you.”

Speaker after speaker at the luncheon praised Saxton for his conservation legacy.

"Jim Saxton has worked tirelessly to protect New Jersey's environment. His work on the 2008 Farm Bill, the conservation easement tax incentive and the recent passing of his bipartisan Coastal and Estuarine Land Conservation Program Act in the House will help us protect more precious lands and natural resources," said Michele S. Byers, Executive Director, New Jersey Conservation Foundation. "His voice and impact in the U.S. Congress will be missed."

During his tenure, Saxton established a reputation as a leading conservationist in Congress, working for clean water, clean air, open space, and coastal and wildlife protection. His diverse district reaches from the banks of the Delaware River to the shores of Long Beach Island, including nearly half of the federally protected, 1.1 million-acre Pinelands National Reserve, vast farmlands, over 35 miles of shoreline, barrier islands, three bays and estuaries.

Saxton was chairman of the House Fisheries Conservation, Wildlife and Oceans Subcommittee from 1994-2000, and was the Vice Chairman of the House Fish and Oceans Subcommittee from 2001-2006. He currently serves as the No. 2 Ranking Member of the Natural Resources Committee.

“Congressman Jim Saxton has been a champion for conservation during his distinguished career in Congress. His record of improving conservation here in New Jersey and across the nation is remarkable," said Barbara Brummer, Executive Director, The Nature Conservancy, New Jersey Chapter. “On behalf of The Nature Conservancy, I wish to convey our deepest thanks to Congressman Saxton for all he has done to protect and restore our nation's natural treasures."

“Few elected officials have the courage of leadership to simply do the right thing,” added Eric Stiles, Vice President for Conservation and Stewardship, New Jersey Audubon Society. “Congressman Jim Saxton has distinguished himself as a national hero in championing wildlife and open space conservation. We hope others follow his non-partisan path of bravery for future generations.”

“Congressman Saxton is a long standing supporter of the Edwin B. Forsythe National Wildlife Refuge and the entire 96-million acre National Wildlife Refuge System and has an outstanding conservation record,” said Steve Atzert, project leader, Edwin B. Forsythe National Wildlife Refuge. “The Congressman sponsored the National Wildlife Refuge System Volunteer and Partnership Enhancement Act of 1998, which allowed the Service to take giant steps in three very important areas: recruitment and use of volunteers, expansion and use of partnerships, and simplifying the rules governing financial donations to specific refuges.”

“From his early days as a state legislator through his long tenure in Congress, Jim Saxton has been a staunch advocate for our natural resources. Thanks to his leadership, future generations will have the opportunity to enjoy clean water, natural areas and wildlife. He will be sorely missed,” said Michael Catania, President of Conservation Resources Inc.

“Congressman Saxton's dedication and commitment to conservation has advanced understanding, management and protection of the nation's coasts and estuaries,” stated Mike DeLuca, senior associate director, Institute of Marine and Coastal Sciences, Rutgers University. “His passionate stewardship, legislative acumen, and devotion to protecting coastal resources will enable future generations to enjoy these wonderful treasures. He is truly a champion of the coast.”

Carleton Montgomery, executive director, Pinelands Preservation Alliance, said, "In championing the Pinelands Limited Practical Use program, Congressman Saxton creatively combined his commitment to open space preservation with his concern for the impacts of environmental regulations on individual landowners.” Montgomery added, “The program has benefited hundreds of landowners and protected more than a thousand of acres of Pinelands forests and wetlands."

“Congressman Saxon has been a steadfast champion for the oceans and coast,” said Tim Dillingham, executive director, American Littoral Society. “His leadership, vision and commitment will be hard to replace.”

Cosponsoring the event were the Institute of Marine & Coastal Sciences, Rutgers University; New Jersey Conservation Foundation; The Nature Conservancy, New Jersey Chapter; American Littoral Society; Pinelands Preservation Alliance; Conservation Resources, Inc.; New Jersey Audubon Society; The Trust for Public Land and the Barnegat Bay National Estuary Program.

###

WHAT IS THE CONSERVATION COMMUNITY SAYING ABOUT JIM SAXTON?

"Jim Saxton has worked tirelessly to protect New Jersey's environment. His work on the 2008 Farm Bill, the conservation easement tax incentive and the recent passing of his bipartisan Coastal and Estuarine Land Conservation Program Act in the House will help us protect more precious lands and natural resources. His voice and impact in the U.S. Congress will be missed."- Michele Byers, executive director, New Jersey Conservation Foundation

“Congressman Saxton is a long standing supporter of the Edwin B. Forsythe National Wildlife Refuge and the entire 96-million acre National Wildlife Refuge System and has an outstanding conservation record. The Congressman co-founded the bipartisan House Wildlife Refuge Caucus in 2006 and is its co-chair. There are now 146 members representing 42 States in the caucus. The Congressman sponsored the National Wildlife Refuge System Volunteer and Partnership Enhancement Act of 1998. The Act allowed the Service to take giant steps in three very important areas: recruitment and use of volunteers, expansion and use of partnerships, and simplifying the rules governing financial donations to specific refuges. Congressman Saxton understood that there are areas in New Jersey essential to safeguarding this Nation's fish and wildlife and plant community treasures for the benefit of present and future generations of Americans and he supported appropriations to protect those areas.”- Steve Atzert, project leader, Edwin B. Forsythe National Wildlife Refuge

"The Trust for Public Land salutes Congressman Saxton for his tremendous support of conservation in the Barnegat Bay watershed, the New Jersey Pinelands, and across the nation throughout his 24-year career in Congress. His leadership was key in establishing the Coastal and Estuarine Land Conservation Program, which has enabled communities in New Jersey to protect critical shoreline areas and ensure greater public access to the coast. Congressman Saxton's strong commitment to protecting these special places has left a lasting legacy for future generations and we wish him the best of luck in his retirement."- Anthony Cucchi, New Jersey field office director of the Trust for Public Land

“People living in coastal communities anywhere owe Jim Saxton their gratitude for his decades of steadfast commitment to protect the environment and its natural resources. Congressman Saxton has always recognized that clean water and air and healthy coastal ecosystems are the foundations that sustain the economies and quality of life in our Nation’s coastal communities. Without his support, the many successes of the National Estuary Program in tackling tough environmental issues, using sound science to achieve consensus, leveraging funding to restore wetlands, improving public education about estuaries, and engaging the public would not have been possible.”- Stanton Hales, program director of the Barnegat Bay National Estuary Program

"In championing the Pinelands Limited Practical Use program, Congressman Saxton creatively combined his commitment to open space preservation with his concern for the impacts of environmental regulations on individual landowners. The program compensates people who own very small, unbuildable lots in the Pinelands in exchange for preserving these parcels. It has benefited hundreds of landowners and protected more than a thousand of acres of Pinelands forests and wetlands."- Carleton Montgomery, executive director, Pinelands Preservation Alliance

“Congressman Saxon has been a steadfast champion for the oceans and coast. His leadership, vision and commitment will be hard to replace.”- Tim Dillingham, executive director, American Littoral Society

“From his early days as a state legislator through his long tenure in Congress, Jim Saxton has been a staunch advocate for our natural resources. Thanks to his leadership, future generations will have the opportunity to enjoy clean water, natural areas and wildlife. He will be sorely missed.”- Michael Catania, President of Conservation Resources Inc.

“Congressman Saxton's dedication and commitment to conservation has advanced understanding, management and protection of the nation's coasts and estuaries. His passionate stewardship, legislative acumen, and devotion to protecting coastal resources will enable future generations to enjoy these wonderful treasures. He is truly a champion of the coast.”- Mike DeLuca, senior associate director, Institute of Marine and Coastal Sciences, Rutgers University

“Few elected officials have the courage of leadership to simply do the right thing. Congressman Jim Saxton has distinguished himself as a national hero in championing wildlife and open space conservation. We hope others follow his non-partisan path of bravery for future generations.”- Eric Stiles, Vice President for Conservation and Stewardship, New Jersey Audubon Society

"Congressman Jim Saxton has been a champion for conservation during his distinguished career in Congress. His record of improving conservation here in New Jersey and across the nation is remarkable. On behalf of The Nature Conservancy, I wish to convey our deepest thanks to Congressman Saxton for all he has done to protect and restore our nation's natural treasures."- Barbara Brummer, Executive Director, The Nature Conservancy, New Jersey Chapter

Scheduled
to be introduced Friday as House Bill 1353, the measure will build upon
changes enacted last year in HB07-1361, which increased the standards,
transparency and accountability for the tax credits.

Conservation
easements are sold or donated by private landowners to nonprofits or
government agencies to guarantee that a parcel of land will never be
developed. Property owners may continue using their land as it has
been used but give up the rights to sell the land to developers in the
future or to develop it themselves.

The
drafting of HB 1353 was guided by the Colorado Conservation Easement
Tax Credit Task Force, led by Rep. Madden. The 2007 task force
included legislators, landowners, state officials and land trust
representatives.

"Colorado
has benefited from conservation easements in every corner of the state
that protect farms, ranchland, wildlife habitat, scenic and historic
landscapes and other unique natural lands. These are places that could
have been lost forever to development without the state tax credits,"
said Rep. Madden. "Our goal is to make this successful program
stronger."

"Conservation
easements are a cost-effective way to safeguard Colorado's agricultural
traditions and beautiful places. This bill will ensure that holders of
conservations easements are truly protecting property and accurately
assessing the value of conservation," said Rep. Buescher.

1. Increased easement appraisal accountability
The bill will require appraisers to file conservation easement
appraisals with the Colorado Division of Real Estate which will review
the information. If wrongdoing is found, the Board of Real Estate
Appraisers may impose suspensions or other penalties. These appraisers
also will face education and experience requirements.

2. Conservation easement holder certificationA
state certification program for groups that hold conservation easements
will be established by the Division of Real Estate and the Conservation
Easement Oversight Commission. This program will establish minimum
qualifications for these groups, looking at their process for approving
easements, their governance and their financial strength. Only
landowners who work with certified groups will qualify for the tax
credit.

3. More effective oversight The
Department of Revenue will be allowed to share information with other
state agencies, and the Conservation Easement Oversight Commission, to
ensure it can address concerns about information contained in a tax
credit application.

4. Conservation Easement Oversight CommissionThis new commission will advise the Division of Real Estate and Department of Revenue.

5. One-year holding requirementThe bill limits conservation contributions for properties held less than one year.

Legislative Victory for Land Conservation

Congress Passes Conservation Tax Incentive for Family Farms and Ranches

May 23, 2008

WASHINGTON, D.C. — The
hotly debated Farm Bill, which Congress enacted yesterday with an
override of the President’s veto, renews a powerful tax incentive which
has helped conserve a million or more acres of farms, ranches and
natural areas across the US. The incentive had expired January 1st,
but is now retroactive to the beginning of the year and will last
through 2009.

A
broad coalition representing sportsmen, outdoors enthusiasts, farmers,
ranchers and national conservation groups, embraced the measure. Rand
Wentworth, president of the Land Trust Alliance, said “This renewed tax
incentive for donations of conservation easements is one of the best
things Congress could do this year to help landowners choose the
conservation option over sprawl. Especially for family farmers and
ranchers of modest income, this is a great way to help them keep
productive agricultural land from being lost.”

Wentworth
gave special credit to Senators Max Baucus (D-MT) and Charles Grassley
(R-IA) and Representatives Mike Thompson (D-CA) and Dave Camp (R-MI),
saying “They are all true conservation leaders who have worked
tirelessly to save a conservation measure that has already had benefits
in hundreds of communities across the country.” In conserving land,
Wentworth added, “We also are protecting clean air, clean water,
wildlife habitat, local food sources, historic landscapes and scenic
beauty.”

Senator
Baucus, who originated the incentive provision, said “Simply put—this
is an incentive that works: for conservation, for farmers, for
ranchers, and for all landowners who want a fair deal for their
tremendous generosity in donating conservation easements. Many
ranchers and other landowners in Montana and across the US have told me
they could not afford to conserve their land without this measure.”

The incentive, which applies to a landowner’s federal income tax, will:

Raise
the deduction a donor can take for donating a voluntary conservation
agreement from 30% of their income in any year to 50%;

Allow farmers and ranchers to deduct up to 100% of their income; and

Increase the number of years over which a donor can take deductions from 6 to 16 years.

Landowner
donations to conservation organizations known as land trusts have
resulted in millions of acres of working lands and natural areas being
conserved for the future. According to the Alliance, many conservation
groups reported an annual doubling of the number of conservation
agreements completed in 2007, in response to the same incentive that
had expired in January. Land trusts in America have together saved
more than 36 million acres from development, an area the size of New
England.

The
Alliance also credited the success of the measure to the
entrepreneurial spirit of the private sector, which has taken the lead
in conserving land in recent years. Said Wentworth, “The fact is that
conservation in this country now depends greatly on the generosity of
individuals. It is the individual rancher, farmer or forester, working
the land in a way that is conservation-oriented, who will largely
define our natural heritage in the future.’

This list does not include hundreds of state and local land trusts who were also instrumental in passage of the incentive.

The
Land Trust Alliance is a national conservation group that works to save
the places people love by strengthening conservation throughout
America. It works to increases the pace and quality of conservation
by advocating favorable tax policies, training land trusts in best
practices and working to ensure the permanence of conservation in the
face of continuing threats. This year marks the Alliance’s 25th
anniversary.

Scheduled
to be introduced Friday as House Bill 1353, the measure will build upon
changes enacted last year in HB07-1361, which increased the standards,
transparency and accountability for the tax credits.

Conservation
easements are sold or donated by private landowners to nonprofits or
government agencies to guarantee that a parcel of land will never be
developed. Property owners may continue using their land as it has
been used but give up the rights to sell the land to developers in the
future or to develop it themselves.

The
drafting of HB 1353 was guided by the Colorado Conservation Easement
Tax Credit Task Force, led by Rep. Madden. The 2007 task force
included legislators, landowners, state officials and land trust
representatives.

"Colorado
has benefited from conservation easements in every corner of the state
that protect farms, ranchland, wildlife habitat, scenic and historic
landscapes and other unique natural lands. These are places that could
have been lost forever to development without the state tax credits,"
said Rep. Madden. "Our goal is to make this successful program
stronger."

"Conservation
easements are a cost-effective way to safeguard Colorado's agricultural
traditions and beautiful places. This bill will ensure that holders of
conservations easements are truly protecting property and accurately
assessing the value of conservation," said Rep. Buescher.

1. Increased easement appraisal accountability
The bill will require appraisers to file conservation easement
appraisals with the Colorado Division of Real Estate which will review
the information. If wrongdoing is found, the Board of Real Estate
Appraisers may impose suspensions or other penalties. These appraisers
also will face education and experience requirements.

2. Conservation easement holder certificationA
state certification program for groups that hold conservation easements
will be established by the Division of Real Estate and the Conservation
Easement Oversight Commission. This program will establish minimum
qualifications for these groups, looking at their process for approving
easements, their governance and their financial strength. Only
landowners who work with certified groups will qualify for the tax
credit.

3. More effective oversight The
Department of Revenue will be allowed to share information with other
state agencies, and the Conservation Easement Oversight Commission, to
ensure it can address concerns about information contained in a tax
credit application.

4. Conservation Easement Oversight CommissionThis new commission will advise the Division of Real Estate and Department of Revenue.

5. One-year holding requirementThe bill limits conservation contributions for properties held less than one year.